How to sentence and compensate for intentional injury and minor injury

I Intentional injury How to sentence and compensate for minor injuries?

The sentence is less than three years fixed-term imprisonment 、 criminal detention perhaps control ， Compensation standard It is not fixed, and the calculation basis is as follows:

1、 Medical expenses According to the medical expenses, hospitalization expenses and other collection vouchers issued by medical institutions, combined with medical records and diagnosis certificates, etc evidence determine. If the compensation obligor disagrees with the necessity and rationality of treatment, it shall bear the corresponding Burden of proof 。

2. The lost time fee is determined according to the lost time and income of the victim.

3、 Nursing expenses It is determined according to the income of nursing staff, the number of nurses and the duration of nursing.

4. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to another hospital. The transportation fee shall be based on official bills; The relevant vouchers shall be consistent with the place, time, number and frequency of medical treatment.

5. The food allowance for hospitalization can be determined by reference to the food allowance standard for business trips of general staff of local state organs. If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the reasonable part of the accommodation and food expenses actually incurred by the victim and his/her caregivers shall be compensated.

6. Nutrition fee according to the victim permanent disability The situation shall be determined according to the opinions of medical institutions.

2、 According to what circumstances should the court impose punishment for intentional injury and minor injury?

（1） Cause of the case;

（2） Whether the victim has fault and the degree of fault, whether he is responsible for the intensification of conflicts and how much responsibility he has;

（3） Whether the defendant's close relatives assist in capturing the defendant;

（4） Whether the defendant has a repentant attitude in his usual performance;

（5） Return of stolen goods, compensation and compensation;

（6） Whether the defendant has obtained understanding from the victim or his close relatives;

（7） Other circumstances affecting the sentencing.

3、 Intentional injury, minor injury and incidental civil action litigation What are the conditions of?

（1） The prosecutor meets the legal conditions;

（2） There is a clear defendant;

（3） There are specific requirements, facts and reasons for claiming compensation;

（4） It falls within the scope of the people's court to accept incidental civil actions.

4、 What materials should be prepared for bringing incidental civil action against intentional injury and minor injury?

1. Criminal complaint with civil complaint (if it is difficult to write a complaint, it can be filed orally);

2. Plaintiff's ID Exposed materials;

3. Relevant evidentiary materials.

5、 Deliberate injury and minor injury refuse to apply for compensation Enforcement What materials need to be prepared?

1、 Enforcement application Books;

2. Materials proving the applicant's subject qualification, if entrusted to apply for compulsory execution, shall be provided together with the entrustment agent Information;

3. The main body qualification certification materials of the respondent;

4. An effective legal document with enforcement content.

6、 What are the procedures for enforcement of refusing to compensate for intentional injury and minor injury?

1. Review Filing a case 。

After receiving the application for execution and the relevant legal documents, the people's court shall examine whether the application for execution is lawful and appropriate, whether the relevant legal documents are complete, whether the contents are clear, and whether the person subjected to execution has the ability to execute, etc.

2. Notice performance.

When the people's court decides to enforce against the obligor, it shall notify the obligor in advance to automatically perform its legal obligations within the specified time limit, or it will enforce.

3. Prepare for enforcement.

Fill in the compulsory execution certificate; Determine the plan and scheme for enforcement; If assistance is needed, the unit and individual who is obligated to assist shall be notified in writing.

4. Enforce enforcement.

It shall indicate its identity, show its law enforcement certificate and execution basis; At the end of the execution, the organ applying for execution shall be notified in writing of the execution.

actually How to sentence and compensate for intentional injury and minor injury It can not be generalized. There are three legal sentencing grades after minor injury of the victim, and the compensation standard is consistent with the actual loss caused. After reviewing the above content, if your question is still unanswered, click the "Ask Now" button below, there will be professional lawyer The answer is online.